Saturday, June 11, 2011

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  • senthil
    06-05 01:16 AM
    my situation ---

    im on 7th year H1B extn, going for 8th next year
    - filed I-485 when current ( have EAD) and got married after retrogession
    - for the spouse i had to stay and extend my H1B to make her H4 valid
    - at this stage can i change employer on H1B and also for 8th year and further
    extns ? has anyone on this situation by any chance .....

    any inputs / suggestions will be of great help. thanks in advance

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  • ajm
    06-24 07:06 PM
    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

    The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:

    Form I-485. For filing an application for permanent resident status
    or creation of a record of lawful permanent residence--$930 for an
    applicant fourteen years of age or older; $600 for an applicant under
    the age of fourteen years when submitted concurrently for adjudication
    with the Form I-485 of a parent and the applicant is seeking to adjust
    status as a derivative of the parent, based on a relationship to the
    same individual who provides the basis for the parent's adjustment of
    status, or under the same legal authority as the parent; no fee for an
    applicant filing as a refugee under section 209(a) of the Act; provided
    that no additional fee will be charged for a request for travel
    document (advance parole) or employment authorization filed by an
    applicant who has paid the Form I-485 application fee, regardless of
    whether the Form I-131 or Form I-765 is required to be filed by such
    applicant to receive these benefits.

    At best, this is ambiguous as to whether a fee will be required on renewals.

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  • SK2007
    10-04 04:00 PM
    Has anyone been to the Mumbai consulate for stamping
    Can you let me know the process?
    Also website where I can get more info?

    Is this a drop docs at embassy .. and they mail it to you kind of thing?


    Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.

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  • gc_check
    07-02 12:04 PM
    This is ridiculous. Lots of stress for most guys and even bad for members you had their vacation cut short and returned to US for applying AOS. At least I know one friend who had his family return from India. Only thing is we all have the required documents ready to go and the medical is valid for a year, and if and (IF) the date�s moves forward in October, we can still use the same.

    Anyway, we got to deal with this and use this opportunity to educate people on this and may be we need to start a fax campaign and send to congress and the government agencies and emphasize on the necessity to recapture the unused visa from past and find a way to be able to apply for I-485 while the visa numbers are not available, which could be the only option that would alleviate many issues for the members stuck in retrogression. This is not happend with any intervention from Congress, which requires lots of lobbying and money.

    Hope we at IV can do something and get some assit from competeamerica, etc... to do something about this.


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  • mhtanim
    06-07 09:51 PM
    After sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009

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  • perm2gc
    11-07 04:09 PM
    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your may have some tough questions to answer when you go for visa stamping.. also try to search in will have lot more information.

    good luck!!!


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  • desidas
    02-01 12:06 PM
    Looking for a Good Attorney in Texas, please - thanks .

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  • smartboy75
    07-17 06:29 PM
    Get back to you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..


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  • geogeo
    11-20 08:52 PM
    my lawyer just wrote me they filed EB2 for me and told me this means my case will be audited because 'job requirements are not normal' according to DOL :(
    That is, my employer is asking for a master's degree for the position and that they should not be asking for master's, but I was assured it would not be difficult to justify that the position requires master's. And this stupid process will take about 2 years on average. I want to screem

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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.


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  • dhirajs98
    08-18 01:47 PM
    Need help ....

    Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says

    "On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."

    What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.

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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.


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  • morchu
    08-02 01:14 AM
    I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).

    My answer should have been different if you were not eligible to file 485.
    Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.

    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

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  • ashkam
    10-26 10:47 AM
    If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

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

    Labor has to be pending 365 days and not 180 days to get a one year extension.


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  • GCJinx
    03-21 03:47 PM
    Thanks to all of you for your help

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  • andymajumder
    04-13 05:44 PM
    We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

    a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

    b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

    c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

    In conclusion IV should definitely support this Bill.

    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.

    $20 per month.

    EB2 - PD Jan 05


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  • Lasantha
    02-18 12:07 PM
    I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..

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  • indyanguy
    09-09 12:42 PM
    I Where did you find this information about limiting EB2 to managers only?

    Check out this post -

    I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.

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  • rameshvaid
    09-02 03:02 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you

    At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.

    Expungement can be done only after 12 months and u should not have any other record against you.

    Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..


    03-28 01:13 PM
    I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

    My address on salary slip was of california but they never deducted any taxes for CA.

    09-13 02:39 PM
    You can always long u have cash to burn.

    I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).

    btw, I dont get why I am already 'infamous' :)

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