Tuesday, June 14, 2011

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  • anirudh74
    03-18 12:09 PM
    Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.

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  • fromnaija
    12-03 04:09 PM
    With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

    See page 3 of this document:


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.

    It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.

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  • GCVivek
    03-23 03:06 PM
    If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.

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  • aadimanav
    09-05 04:05 PM
    Thanks for telling me.


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  • LookingForGC
    01-14 06:33 PM
    Congratulation. Enjoy your freedom.

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  • msp1976
    02-12 06:16 PM

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?

    As I understand once you filed the H4 extension and have a receipt in hand..why do you even care to do the premium processing for H4 ??

    Just go ahead with your H1 transfer and file the H4 extension again.... as a proof of valid status attach the receipt for your earlier extension request...
    If they cannot process the earlier request fast enough that is not your fault...As far as H4 is concerned .... I doubt that you need to be that paranoid....As long as you have a valid H1 ...They would give H4...


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  • karthikgk
    02-19 12:54 PM

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,


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  • chanduv23
    12-24 08:44 PM
    This thread has to stay on top


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  • Chelo
    02-13 04:59 PM
    Listen to
    IV good reasons for joining IV
    I. You don't want be waiting forever
    II. You cannot make things happen alone
    III. It is easier to work with a great team
    IV. IV is a WINNER

    .... Or whatever other four reasons you want to write

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  • cox
    April 3rd, 2005, 08:39 PM
    The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.

    Thanks for the recommendation, QJ. I'll get out my map and find it.

    I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)


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  • anilkumar0902
    09-18 12:06 PM
    EB-2 , PD: Oct 2005, Filed at Nebraska, I-485 Received Date: 07/31/07, Notice Date: 09/05/07. Section: Unknown for me and my wife.

    Last week, called up USCIS and mentioned about my case. The person who took the call, said nothing can be done and that i need to wait for the application to be processed.

    I called up today again and spoke with a different lady and she patiently listened to the details and placed a Service Request to USCIS about the details. She wanted me to call back in 45 days if nobody contacts me about the same.

    But, looks like many folks who applied in NSC, are facing this issue of "Section: Unknown"...Not sure, if we need to be worried or not. But hope everything works out well at the end.

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  • girish989
    05-11 01:26 PM
    That is the response that this guy gave when the senetor asked what to do to reduce the backlogs and he is the head of USCIS ..... :(


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  • stemcell
    03-07 09:48 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.

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  • leslie535
    02-27 11:43 AM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


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  • murali77
    06-16 01:39 AM
    Thanks for the reply.

    How difficult is to have name changed in SSN ?

    and how long does it take.


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  • morchu
    04-29 05:53 PM
    F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".

    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?

    Thanks a lot



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  • m79
    10-06 05:23 AM
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.


    I am also in the same situation like you. My wife got AP and mine is still pending. Please let me know if you get yours approved.

    Thank you.

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  • gbof
    04-08 07:40 PM
    are 2 locations based on states where you live.

    Dallas and Phoenix.
    If you live in:

    Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

    Mail your application to:

    USCIS Phoenix Lockbox

    For U.S. Postal Service (USPS) deliveries:


    PO Box 21281

    Phoenix, AZ 85036

    For Express mail and courier deliveries:


    Attn: AOS

    1820 E. Skyharbor Circle S

    Suite 100

    Phoenix, AZ 85034

    Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia

    USCIS Dallas Lockbox

    For U.S. Postal Service (USPS) Deliveries:


    PO Box 660867

    Dallas, TX 75266

    For Express mail and courier deliveries:


    Attn: AOS

    2501 S. State Hwy. 121 Business

    Suite 400

    Lewisville, TX 75067

    Yes, friend. My I-140 was approved from TSC and also my I-485 is pending at TSC and since 'm currently in Indiana, I had (reluctantly) mailed at Phoenix. Hoping for GC before EAD (wishful thinking). Amen !!

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  • vhd999
    04-26 06:50 PM
    My wife recently travelled to India from Seattle.

    At the check-in counter, Lufthansa people insisted that she should pay for the second bag.

    Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.

    My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.

    Sometimes I wonder, where is the end to all this nonsense.

    07-21 10:16 AM
    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
    Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.

    05-24 10:15 AM
    Here is my case again:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM.
    My employer is sponsering my green card
    How many points will i get??

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