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  • EB2_Jun03_dude
    11-29 03:55 PM
    I am assuming there should be a problem at the POE

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  • indiablues
    12-26 09:25 AM

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.


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  • quizzer
    10-24 06:00 PM
    Is there any way IV can take up the NSC I140 processing times with USCIS???

    Why is there a huge discrepancy between TSC and NSC wrt I140

    Also the processing times NSC publsihes are not right.

    for eg: My EB2 is pending from Dec 2006 and the latest update is Feb 2007.

    i know there are a lot of people like me.


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  • Imigrait
    02-05 01:06 PM
    From your description it looks like you are moving to a new company.

    I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.

    Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.


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  • p_aluri
    08-03 06:51 PM
    I would say second one is correct...

    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?


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  • jungalee43
    06-25 09:38 PM
    When we went to renew our H1 and H4 together, they just asked for I797 for my H1B. When I reminded the girl collecting papers in the cosulate to attach I797 for my wife's H4, she said it was not necessary and just asked for marriage certificate. That is the only document they asked for to consider H4 extension. Hope that helps.
    All the best.


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  • lost_in_migration
    05-04 12:23 PM
    Unfortunately many of the IV members think Senior Member is a Core IV member, hence they tend to give importance to post submitted by Senior Members. Large audience over here may not be aware that ....

    Junior Member ==> No of Posts<25
    Member ==> No of Posts between 25 to 100
    Senior Member ==> No of Posts>100

    IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.

    The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.

    IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.

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  • askreddy
    12-11 11:57 PM

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.


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  • kisana
    09-02 10:52 AM
    There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.

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  • canmt
    10-26 10:11 AM
    If you have not done this already you are supposed to call the USCIS and update them with your new address apart from sending a AR-11 regarding your address change.

    Call customer service and ask them to give you an update and/or request a copy of your receipt notice. The notice goes to your moron lawyer and it takes about 4/5 business days to get a mail from USCIS once they send it out.

    I hope this helps and good luck on your green card pursuit...


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  • baburob2
    05-25 05:59 PM
    genearlly you could have it renewed 1 year before.

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  • mbartosik
    11-08 10:03 PM
    on the list of IV issues is legislation to require employers to share immigration documentation.

    If you don't trust your sponsor then I would recommend finding a new one. You will be in position for many years where you need a sponsor that you can trust.

    You will certainly want to get a copy of the I140 when that is eventually filed. You may have a long wait before you can file for I485, and you will need the I140. Some employers held people's feet to the fire to get a copy of the I140.


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  • isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..

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  • vin13
    03-09 05:18 PM
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

    As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.

    Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.


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  • pachai_attai
    08-17 02:48 PM
    Dont worry. I faced th same problem.

    Check this link

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  • p1234
    10-05 11:44 PM

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...

    after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D


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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?

    Please reply.
    Thanks in advance

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.

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  • cjagtap
    10-14 07:40 PM

    I have a same question. I have my EAD but my h1b is expiring in decmber 07 which i am not planning to extend. So do I need to take my EAD and current employment letter to DMV along with tons of other documents to prove the residence status.

    Please respond if anyone has done the same.

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  • GMKrishna
    05-04 09:12 PM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!


    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.


    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV�s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.

    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?

    08-03 10:23 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)

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